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(영문) 대전지방법원홍성지원 2019.03.07 2018가합654
면직무효확인
Text

1. It is confirmed that the Plaintiff is in the position of the president of the branch of the Defendant's astronomical Subdivision.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff’s appointment of the president of the branch of the Yanancheon-si Branch as the president of the branch of the branch of the Yancheon-si Branch

(2) The defendant is a juristic person established pursuant to Article 1 of the Act on the Establishment of Associations, such as Persons of Distinguished Service to the State, which is a headquarters, branch, sub-branch, and special sub-branch.

On May 11, 2018, C, the president of the Defendant’s branch, appointed the Plaintiff as the president of the Defendant’s astronomical Gu Branch (hereinafter “astronomical Gu Branch”) pursuant to Article 26(2) of the Articles of Incorporation of the Bereaved Family Association.

3) On May 17, 2018, the Plaintiff signed a written pledge stating “A commitment that no objection is raised even at the time of dismissal,” as well as compensation for damages incurred when he/she intentionally complied with the order of his/her superior and intentionally suffered occupational or financial damages in the course of performing the functions of the branch president, and intentionally damaged the honor of the bereaved Council.” (B) D on April 12, 2018, stating that “A resolution of the bereaved Family Council on April 12, 2018 was adopted by the representatives elected in violation of the relevant laws and the articles of association of the bereaved Family Council, and thus null and void” (hereinafter “non-payment”). At the same time, the Plaintiff also submitted a written consent of non-payment and submitted a written consent to all non-payment (hereinafter “non-payment”).

2) On May 29, 2018, five members, including D, filed a lawsuit against the Seoul Southern District Court seeking confirmation of invalidity of the resolution of the general assembly on April 12, 2018, which elected E as the president of the 18th Bereaved Family Council on May 29, 2018, with the Seoul Southern District Court, and filed an application against the above E for a provisional disposition seeking a suspension of the performance of duties of the president of the bereaved Family Council on April 12, 2018.

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